Gabbert announced plans in the fall of 2005 to build an 18-story luxury Westin Hotel and condominium tower next to the Galleria. Barnes & Noble, a Galleria tenant, claimed this development would violate its lease and sued Gabbert in the summer of 2006—seeking an injunction blocking construction and damages for alleged lost sales.

After a week-long bench trial, the trial court dismissed Barnes & Nobles’ claims, finding the development did not violate the lease and that, in any event, the court would not grant a permanent injunction.

Construction has begun, and the hotel and condos are scheduled to open later this year. Even so, Barnes & Noble appealed. The Minnesota Court of Appeals affirmed the trial court in all respects.

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